WASHINGTON, DC--The National
Council on Disability said Wednesday that it is time for Congress to strengthen
some provisions of the 1990 Americans with Disabilities Act which have been
weakened by the U.S. Supreme Court in recent years.

In a 154-page analysis, entitled "Righting the ADA", the NCD proposed
lawmakers pass an "ADA Restoration Act of 2004".

Among other things, the amendment would change language in the ADA to
prohibit discrimination "on the basis of disability" rather than "against an
individual with a disability" as it currently states. The existing language has
often led courts to focus on whether a person's disability is substantial
enough to receive protection against discrimination, instead of focusing on
whether or how the person was discriminated against.

NCD Chairperson Lex Frieden said "Legislation is urgently needed to
restore the ADA to 'assure equality of opportunity, full participation,
independent living, and economic self-sufficiency' for Americans with
disabilities."

In a press conference at the National Press Club, NCD members and other
advocates explained that, while the ADA was written as the "preeminent"
document supporting the rights of people with disabilities, several decisions
by the Supreme Court have had negative affects on the law since 1999. Those
rulings have narrowed the definition of disability, the coverage of the ADA,
and remedies available under the law. At the same time, the high court has
created or expanded defenses against people with disabilities under the
ADA.

"The ADA rejects the medical model and has a social model of
discrimination," said L. Robert Burgdorf, Jr., the University of the District
of Columbia law professor who drafted the report.

"It is intended not to look at how different people are, but how people
are treated differently, and it is supposed to prohibit unjustified
treatment."

Those speaking at the press conference noted that access to
transportation, technology, and buildings has improved dramatically since the
ADA became law. Still, employment rates for people with disabilities -- an
condition that the ADA was designed to correct -- have not substantially
changed in the last 14 years.

"People with disabilities are not participating at nearly the same rate
as people without disabilities," said Nancy Starnes, National Organization on
Disability Vice President and Director of Partnership Programs.

The report was submitted formally to the Bush administration and members
of Congress. Advocates hope to get support for the measure soon in the form of
congressional sponsors.

The National Council on Disability is an independent federal agency
responsible for gathering information about the ADA's implementation,
effectiveness, and impact and reporting it to the government and public.

"When a ship or boat has gotten off course as a result of a storm, other
environmental conditions, or other causes, it is necessary to 'right' its
course," the report states. "When a vessel is listing (tilting) excessively or
has tipped over, it is necessary to 'right' it by keeping it on an even keel so
that the vessel can return to its upright position. Similarly, the ADA needs to
be 'righted' so that it can accomplish the lofty and laudable objectives that
led Congress to enact it."